Faculty Constitution
ARTICLE I. THE GENERAL FACULTY
Section 1. The General Faculty shall consist of those persons who are approved by the Chancellor for full-time Faculty status, or as further provided by The Board of Governors of the University of North Carolina.
Section2. The General Faculty shall, subject to the approval of the Chancellor, adopt by-laws for self governance.
Section 3. Organization
I.3.1 The Chair of the Faculty shall be the presiding officer in General Faculty meetings except on those occasions when the Chancellor elects to preside.
I.3.2 The Vice-Chair of the Faculty shall preside in the absence of the Chair.
I.3.3 The Secretary of the Faculty shall keep a record of all proceedings related to meetings of the General Faculty or of the Faculty Senate.
Section 4. Meetings
I.4.1 The General Faculty shall meet at least once each term during the regular academic year.
I.4.2 Special meetings may be called by the Chancellor, or Chair of the Faculty, or upon written request to the Secretary of ten percent of the members of the General Faculty.
I.4.3 The presence of 25% of the members shall be necessary for a quorum.
Section 5. All members of the General Faculty shall have the right to vote.
Section 6. Duties and Responsibilities of the General Faculty
The duties and responsibilities of the General Faculty shall be as follows:
I.6.1 The General Faculty shall consider reports from the Chancellor, the Faculty Senate, Faculty Councils and Committees, Departments, Colleges, and other units of the University and make recommendations concerning these reports.
I.6.2 The General Faculty shall discuss and make recommendations on matters relating to the welfare of the University.
I.6.3 The General Faculty may amend or repeal, with the consent of the Chancellor, any part or all of the Faculty Constitution (See Article II, Section 9). Proposals to amend or repeal shall be discussed at an open forum called by the Chair of the Faculty during the regular academic year. The proposals and written notice of the open forum shall be sent to the General Faculty at least ten working days prior to the forum. The General Faculty will vote on proposals by electronic ballot within five working days following the forum. Actions to repeal or amend shall not be effective unless approved by two-thirds of the members voting.
Section 7. Officers
I.7.1 Those eligible for the office of Chair, or Vice Chair, or Secretary of the Faculty must hold academic rank and devote at least one-half time to teaching or other academic duties excluding administration. Questions of eligibility shall be resolved by the Committee on Nominations, Elections, and Committees.
I.7.2 The Chair of the Faculty shall serve ex officio as President of the Faculty Senate. The Chair shall represent the Chancellor in academic matters whenever requested to do so by the Chancellor or the Provost, and shall have such other responsibilities as may be determined by the Chancellor, Provost, or the Faculty Senate. The Chair shall lead the Senate Planning Team and serve as an ex officio member of the Committee on Nominations, Elections, and Committees. The Chair is an Assembly Delegate.
I.7.3 The Chair of the Faculty shall serve for a term of two years and shall be eligible for one successive term. Nominations and elections shall be held in the spring term every second year, and the person elected shall take office on the following July 1.
I.7.4 The Vice Chair of the Faculty shall serve in the absence of the Chair. The Vice Chair shall be a member of the Senate Planning Team and shall chair the Rules Committee.
I.7.5 The Vice Chair of the Faculty shall serve for a term of two years and shall be eligible for one successive term.
I.7.6 The Secretary of the Faculty shall keep minutes of all meetings of the General Faculty and of the Faculty Senate. The Secretary of the Faculty shall add these minutes to the Faculty Senate webpage in a timely fashion and archive them in a permanent location in the Provost’s Office. The Secretary of the Faculty shall keep records of all committee reports submitted to the Chair of the Faculty or the Faculty Senate. The Secretary of the Faculty shall be ex officio Secretary of the Faculty Senate, the Senate Planning Team, and the Committee on Nominations, Elections, and Committees. The Secretary of the Faculty shall keep records of all elections conducted by those committees. The website for meeting minutes is: (
I.7.7 The Secretary of the Faculty shall serve for a term of three years and shall be eligible for re-election. Nominations and elections shall be held in the spring term every third year, and the person elected shall take office on the following July 1.
I.7.8 Nominations for Chair, Vice-Chair, and Secretary of the Faculty shall be made by the Committee on Nominations, Elections, and Committees at least three weeks before the date of the election. Additional nominees may be added to the ballot by written nomination signed by twenty-five faculty members and submitted to the Committee on Nominations, Elections, and Committees at least two weeks before the date of election. CONEC shall select and submit the names of qualified nominees for each office to its secretary for publication of the ballot. The nominee receiving the highest number of votes in the election shall be declared elected, unless he or she has failed to receive greater than 50% of the votes cast. In that event, a run-off election shall be held between the persons receiving the highest and the next highest number of votes. The person receiving the highest number of votes in the run-off election shall be declared elected.
Section 8. Elected Committees of the General Faculty
1.8.1 The elected committees of the General Faculty shall be the Committee on Nominations, Elections, and Committees; Delegates to the Faculty Assembly of The University of North Carolina; Faculty Grievance Committee; Faculty Hearing Committee; and the Post-Tenure Review Appeals Committee.
a. The Committee on Nominations, Elections, and Committees shall conduct all elections for officers and committees of the General Faculty according to the Faculty Constitution and the By-laws of the constituent bodies.
b. Delegates to the Faculty Assembly of The University of North Carolina shall represent the General Faculty and shall serve according to the Charter and By-laws of the Assembly.
c. The Faculty Grievance Committee shall carry out the functions as required in Chapter VI, Section 607, of The Code.
d. The Faculty Hearing Committee shall carry out the functions of the faculty standing committees required in Chapter VI, Section 603, of The Code.
e. The Faculty Post-Tenure Review Appeals Committee is authorized to hear, mediate, and advise with respect to the adjustment of grievances of tenured faculty who have concerns relating to the Post-Tenure Review.
I.8.2 Methods of Election
a. Each spring term the Faculty Senate shall provide the Secretary of the Faculty with nominees for each vacancy on the Committee on Nominations, Elections, and Committees.
b. Each spring term the Committee on Nominations, Elections, and Committees shall provide the Secretary of the Faculty with nominees for each vacancy on the Faculty Grievance Committee, the Faculty Hearing Committee, and Faculty Assembly Delegation. These nominations must reach the Secretary of the Faculty in time for publication. In no case shall this be less than three weeks before the date of the election.
c. Additional nominees may be added to the ballot for any committee by written nomination signed by at least fifteen faculty members. Such nominations shall be submitted to the Secretary of the Faculty at least two weeks before the date of the election.
d. Ballots shall be distributed electronically by the Secretary of the Faculty, and those nominees receiving the highest number of votes shall be declared elected.
e. Interim vacancies shall be filled by the Secretary of the Faculty from the list of those voted on in the most recent election in the order of highest number of votes received, observing so far as possible the balance by colleges and academic rank required in the By-laws of the General Faculty.
f. The number of persons to be elected to serve on each committee or delegation, the length of terms, other membership requirements, and the system of succession and rotation shall be established in the By-laws of the General Faculty.
g.. No person shall serve more than two successive terms in the same position, but may be re-elected after one year off the committee or delegation.
ARTICLE II THE FACULTY SENATE
Section 1. The name of this body shall be the Faculty Senate of Western Carolina University.
Section 2. Purpose and Responsibilities
II.2.1 The Senate shall represent the General Faculty as their principal voice to advise the Chancellor and the Provost on the conduct of the University’s affairs. The Faculty Senate shall represent the sense of the General Faculty in the long-term development of the University’s identity and mission. It shall serve as a collegial forum for the airing of faculty concerns and suggestions about academic aspects of the University.
II.2.2 The Senate may make recommendations to the Chancellor and/or the Provost, by resolution, on any matter germane to the operation of the University. Correspondingly, the Chancellor or the Provost may delegate legislative responsibility in academic matters to the Senate. Senate focus will be on faculty domains as defined by The Code.
II.2.3 All legislation by the Senate shall be subject to the approval of the Chancellor, who shall inform the Secretary of the Faculty in a timely manner of action taken on such legislation. The Secretary will subsequently inform the Senate of such action(s) at the next Senate meeting.
II.2.4 The Senate recognizes that each of the Colleges is responsible for the policies which affect their operations. However, the Senate reserves the right to review the actions of any College relative to policies which may affect the University as a whole.
II.2.5 The Senate may invite any Dean, Director, Department Head, or Faculty Member to appear before the Senate to provide information. Conversely, any Dean, Director, Department Head, or Faculty Member must contact the Senate Leadership to request an appearance at a Senate meeting.
Section 3. Membership and Elections
II.3.1 The Chancellor, or a designee, the Senior-Elected member of the Faculty Assembly Delegation, the Chair, the Vice-Chair, and the Secretary of the Faculty shall be ex-officio voting members of the Senate.
II.3.2 Those eligible for elected membership must hold academic rank, and serve at the Department Head level or below. The following academic ranks are eligible: Instructor, Assistant Professor, Associate Professor, and Full Professor. Questions of eligibility shall be resolved by the Committee on Nominations, Elections, and Committees.
II.3.3 All members of the General Faculty shall be eligible to vote for Senate membership.
II.3.4 Faculty of the Colleges, the Kimmel School and the Library shall elect Senators for a three year term through election procedures specified in their by-laws. The number of elected Senators will be between 20-25. Representation by Colleges will be determined by the ratio of full-time Faculty in that College relative to the total number of full-time faculty at the University. Each College will have at least two elected Senators, unless they inform the Committee on Nominations, Elections, and Committees otherwise. No college shall have a majority of Senators. The specific ratio shall be calculated by CONEC annually to determine the exact number of Senators to be elected.
II.3.5 When a new College is formed, an Election Committee appointed by the Dean of the College shall conduct an election of Senators based on the procedure outlined in II.3.4. Such elections will be held during the first month of the academic year, and the new Senators will take office immediately. In the case where a Senator from one College becomes a faculty member in a new College, that Senate seat will be declared vacant, and a new Senator will be chosen according to the procedure stated in Article II, Section 3.11 below. The Senator who becomes a faculty member of the new College will not automatically remain a Senator. That Senator’s term will, in effect, end when the new College is formed, and the new elections will determine who the Senators from the new college will be.
II.3.6 The regular term of Senators shall be for a period of three years, with a maximum of two consecutive terms of service.
II.3.7 Each year prior to the elections for the Faculty Senate, the Committee on Nominations, Elections, and Committees shall review the number of faculty members in each College to determine whether any changes in the proportionate membership are needed.
II.3.8 Senators shall be elected by the College they will represent no later than February 15 of the year prior to their service. Faculty members with joint appointments shall be eligible to vote in only one College.
II.3.9 Whenever a member shall fail to attend, or be represented by a proxy, for three successive regular meetings of the Senate, that Senator’s place shall be deemed vacant; however, the Senator may be reinstated by a two-thirds vote of the Senate.
II.3.10A Senator’s unexpired or temporarily vacated term shall be filled by the Secretary of the Faculty from the slate of candidates at the time the Senator was elected, in the order of the highest number of votes received. A Senator’s term shall be considered temporarily vacated if the absence is to be for a semester or more, but not in excess of an academic year. The position will be considered permanently vacated if the absence exceeds an academic year.
II.3.11Senators shall assume office at the first meeting of the Senate in the academic year following their election.
Section 4. Senators, as representatives of the College or Library from which they are elected, shall report proceedings of the Senate to their constituent faculties. Senators, as representatives of the General Faculty, may bring to the Senate such proposals as have originated from any university constituency, including individual faculty members, Colleges, students, administrators, Councils, or other groups within their colleges or the library.
Section 5. Officers
II.5.1 The Chair of the Faculty shall be the presiding officer, except on those occasions when the Chancellor elects to preside.
II.5.2 The Vice-Chair of the Senate presides in the absence of the Chair and serves as chair of the Senate Rules Committee.
II.5.3 The Secretary of the General Faculty shall serve as the Secretary of the Senate.
Section 6. Councils
II.6.1 The consideration of matters within its jurisdiction may be delegated by the Faculty Senate to Councils, which shall be responsible to and report to the Faculty Senate.
II.6.2 There shall be three Councils, whose duties, special membership conditions, and other information shall be developed in the By-laws of the Faculty Senate:
a. Academic Policy and Review Council
b. Faculty Affairs Council
c. Collegial Review Council
Section 7. Faculty Senate Meetings
II.7.1 The Faculty Senate shall meet as often as needed during the regular academic year, with the first meeting to be held no later than the second full week of classes in the fall, and be on call during the summer, provided that the Senate may alter meeting dates when necessary.
II.7.2 A special meeting of the Senate may be called by the Secretary at the direction of the Chancellor, or at the direction of the Chair of the Faculty or at the direction of the Senate, on the written request of more than one-fourth of the members of the Senate, or on written request of twenty-five members of the Faculty.
II.7.3 The Secretary shall send notice of regular or special meetings of the Senate to all faculty members to arrive at least five working days prior to regular meetings and two working days before special meetings. The notice shall contain a tentative agenda. All Senate meetings shall be open meetings.
II.7.4 A majority of Senators shall form a quorum.
Section 8. Right of Faculty Appeal
II.8.1 The Senate shall reconsider any action upon petition to the Chair of the Faculty by twenty-five or more faculty members. In the event such reconsideration does not produce agreement, the matter under appeal shall be brought to the General Faculty under Article I 3.2 of the Faculty constitution for a decision by a majority of those present at a duly called meeting.
II.8.2 Written notice of a General Faculty meeting for the discussion of Senate action appealed by petition shall be sent to faculty members to arrive at least one week prior to the date of the meeting and such notice shall include in its agenda a statement of the action appealed.
Section 9. Amendments and Bylaws
II.9.1 A recommendation to repeal or amend any or several of the provisions of the Constitution shall be made at the regular meeting of the Senate preceding that at which the vote on such recommendation is taken.
II.9.2 A two-thirds majority of the Senate present and voting shall be necessary in order to recommend the repeal or amendment of the Constitution to the General Faculty (See Article I, Section 4.3).